This Master Subscription Agreement ("Agreement") contains the terms and conditions that govern your purchase of subscriptions to, and use of, the Services (as defined in Section 2 below), and is a contract between Destiny Bsuiness Solutions Limited (“eventsnmarketing”), and you or the entity or organization that you represent.
eventsnmarketing (referred to as “Platform”, “Mobile Application”, “eventsnmarketing”) is a Website & Mobile Based Client Communication integration platform owned and operated by Destiny Business Solutions Limited (referred to as “eventsnmarketing”, “we”, “us”, or “our”).
This document is a legally binding document between the Registered or Unregistered User of the Platform (referred to as “You”, “Your”, “User”) and us in relation to the use of the platform and sets forth the terms and conditions by which you may access and use the platform and our related websites, services, applications, products, and content (collectively, the “Services”).
1. All references to “Customer/Clients/you/your/user” are to you.
2. You represent and warrant that you are at least 18 years of age or have otherwise reached the age
of
“majority” where
you reside, and that you have the right, power, and authority to enter into this Agreement.
1. All references to “Customer/Clients/you/your/user” are to that entity or organization.
2. You represent and warrant that you are at least 18 years of age or have otherwise reached the age
of
“majority” where
you reside, and that you have the right, power, and authority to enter into this Agreement on behalf
of the entity or
organization.
a. You will be deemed to represent your employer or that entity.
b. Your click to accept will bind your employer or that entity to this Agreement.
c. The word “Customer/Clients/you/your/user” in this Agreement will refer to your employer or that
entity.
1. When you access or use the Services.
2. When you click an “I Accept”; “Sign up” or similar button or check box referencing this Agreement.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
The terms of this document will be effective upon your acceptance of the same (directly or indirectly in electronic form, by use of the platform and/or by creating a registered account on the platform (referred to as “account”) and will govern the relationship between you and us for your use of the platform and the services rendered therein.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is not published in accordance with the provisions of the General Data Protection Regulation 2016/679 (“GDPR”). Therefore, if you are a resident of the European Union (“EU”), you acknowledge that we do not extend our services to EU territories. Further, we do not represent and warrant to you that we are GDPR compliant.
Please read this document carefully. By using the platform and our services, you indicate that you understand, agree, and consent to this document. If you disagree with the terms of this document, please do not use this platform. You hereby provide your unconditional consent or agreements to us, as provided under section 43A and section 72A of the Information Technology Act, 2000, to access and use the personal information that you have voluntarily provided to us in connection with the use of the platform and the services.
By providing us with your information or by making use of the Platform and the Services provided therein, you hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (defined in our Privacy Policies) and Non-Personal Information by us as specified under this document and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to you or any other person.
If you are using the Services as an employee, agent, or contractor of a corporation, partnership, or similar entity, then you represent and warrant that you have the authority to sign for and bind such entity in order to accept these Terms of Use.
Your access to the Platform and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Platform (Privacy Policy) and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Before you use or subscribe to, and/or begin participating in or using the Platform, it is represented and warranted that you as the user of the Platform have or have fully read, understood, and accepted the Terms of Use as updated from time to time without any notice to you. You are advised to review these Terms of Use periodically for any updates. We shall make reasonable efforts to notify you regarding the amendments to the Terms of Use through a notice on the Platform. Your continued access to the Platform and/or use of the Services from the date of the updated Terms of Use shall be deemed to be your acceptance of the updated Terms of Use. If you do not agree to or wish to be bound by the updated Terms of Use, you may not access or otherwise access the Platform or use the Services.
We may, from time to time, release new versions of the Platform or release/introduce new and additional scope of Services which will be subject to these Terms of Use, and any additional terms of Service as may apply to such additional new version or Services.
The eventsnmarketing Platform facilitates access and usage of a secure and easily accessible virtual software hosted in the cloud, which allows Users who have subscribed to our subscription plan to integrate all client communications within a unified platform, utilizing the functionalities provided by WhatsApp Business API. By accepting these terms, you acknowledge and consent to the dependency of the Platform on the services provided by WhatsApp Business API for the delivery of our Services to Users. Consequently, any alterations or updates made to the WhatsApp Business API may impact our ability to provide the Services, potentially leading to disruptions or limitations. Please note that the Platform has no control over the delivery of services by WhatsApp Business API or their technical configuration.
The conversation charges are determined by Meta Platforms, Inc., formerly known as
Facebook, Inc. If
Meta changes or
updates its pricing, the conversation charges will be adjusted accordingly.
eventsnmarketing has no control over the pricing decisions made by Meta Platforms, Inc. We reserve the
right to change
the conversation charges if Meta changes its pricing, and we will not be held liable for refunds of
eventsnmarketing
Subscription charges or damages in such cases.
Hence, we suggest users kindly understand the conversation pricing carefully, as mentioned on our
website, and subscribe
to the eventsnmarketing plan only after thoroughly comprehending the conversation costs. It is
essential to clearly
understand the conversation cost before subscribing to our eventsnmarketing plan.
To avail eventsnmarketing Services, the user will sign up and choose an appropriate plan from the subscription plans available from time to time and shall agree to pay the applicable fee as mentioned in the chosen subscription plan (“Subscription Fee”). The Subscription Fee shall be paid by you on a monthly/quarterly/half-yearly/annual basis, within seven (7) days from the invoice date. Your subscription to eventsnmarketing Services will renew automatically unless the account is terminated. Payment obligations are non-cancelable, regardless of utilization by you, and except as expressly permitted in these Terms of Use, Subscription Fee paid are non-refundable.
The Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent we are legally required to collect the same, will be itemized on the invoice.
The Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent we are legally required to collect the same, will be itemized on the invoice.
The Subscription Fee does not include any charges that Meta Platforms, Inc. charges for Template Messages or Conversations.
You may upgrade between the Subscription Plans. When you upgrade, the new Subscription Fees become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting month will be charged on a pro-rated basis and shall be payable in accordance with these Terms of Use. Subsequent months will be charged in full according to the new Subscription Fees, and any credits will be adjusted appropriately.
The User agrees and acknowledges that eventsnmarketing has partnered with WhatsApp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the Platform is integrated with WhatsApp API and that we may share certain Registration Data with WhatsApp. We disclaim any liability caused by the use of WhatsApp API by you through the Platform. Further, you shall agree to adhere to the following terms and conditions set